Meru governor Kawira Mwangaza has moved to court to challenge her ouster by the Meru County Assembly.
Mwangaza through her lawyer Eliud Mutuma, went to court on Wednesday to challenge the Senate decision and obtain orders barring her removal from office.
Mwangaza contends that the process and substance of the Senate’s impeachment vote raise significant legal concerns.
Kawira has questioned the validity of the impeachment day, arguing that it was not officially gazette for such proceedings.
Her lawyer argues that there appears to be a deliberate rush to remove the governor and install a replacement, potentially undermining Mwangaza.
The court’s order prevents the impeachment decision from being implemented and prohibits the Speaker of the Senate or any other authority from announcing a vacancy in the governor’s office in the Kenya Gazette.
“Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued staying the furtherance or the implementation of the Resolution of the Senate removing the Governor of Meru County, hon. Kawira Mwangaza, from Office by way of impeachment,” read the court order.
The court further ordered Mwangaza to immediately serve the application and petition on the respondent and file an affidavit of service to confirm this action.
The respondents are required to file and serve their counter-response by August 28,2024, following which Mwangaza will have the opportunity to file a rejoinder and written submissions by September 4, 2024.
The respondent must then submit their written submissions by September 11, 2024, with Mwangaza having the option of filing further rejoinder by September 13, 2024. This is according to the court papers.
The case will be heard on September 17, 2024, when the court will review compliance with these orders and set a date to highlight the written submissions.
